Barre Railroad v. Montpelier & Wells River Railroad
Supreme Court of Vermont
The first two of these cases were petitions praying for the appointment of commissioners to determine the points of connection and crossing for the railroads of the several parties. The third case was a cross petition of the Granite Railroad Co. against the Barre Railroad Co., praying for the same relief. The three cases were referred to the same commissioners, and heard together upon the report of such commissioners at a special term of the Supreme Court.
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The first two of these cases were petitions praying for the appointment of commissioners to determine the points of connection and crossing for the railroads of the several parties. The third case was a cross petition of the Granite Railroad Co. against the Barre Railroad Co., praying for the same relief. The three cases were referred to the same commissioners, and heard together upon the report of such commissioners at a special term of the Supreme Court. The facts appear in the opinion. Who has the prior right on the Burnham meadow ? One railroad company cannot take the land'of another…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The decision of the contention between these two railroad companies, viz: the Barre Company, and the-Granite Company, as to which is entitled.to build a railroad on the line of the recorded surveyed location of the Granite Company on the Burnham meadow, depends upon the construction to be given to those statutes of Vermont which provide for the-taking and condemnation of land for railroad purposes. Chapter 157 R. L. provides that a railroad corporation may lq,y out its road, not exceeding five rods wide, and may purchase or otherwise take…
2Cases cited4 opinions
- Sherman v. BuickCalifornia Supreme Court · 1867
- Boston & Maine Railroad v. Lowell & Lawrence RailroadMassachusetts Supreme Judicial Court · 1878
- Bangor, Oldtown & Milford Railroad v. SmithSupreme Judicial Court of Maine · 1859
- Brock v. Town of BarnetSupreme Court of Vermont · 1884
3Cited by26 opinions
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Atlanta, K. & N. Ry. Co. v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Jones v. Newport News & M. V. Co.Court of Appeals for the Sixth Circuit · 1895
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